Thompson v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ******************** * TERESA THOMPSON, * * No. 16-722V Petitioner, * Special Master Christian J. Moran * v. * Filed: January 29, 2018 * SECRETARY OF HEALTH * Stipulation; tetanus-diphtheria (“Td”); AND HUMAN SERVICES, * shoulder injury. * Respondent. * ******************** * Maximillian J. Muller, Muller Brazil LLP, Dresher, PA, for Petitioner; Sarah C. Duncan, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On January 24, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Teresa Thompson on June 21, 2016. Petitioner alleged that the tetanus-diphtheria (“Td”) vaccine she received on June 29, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer a right shoulder injury. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Respondent denies that the Td vaccine caused petitioner to suffer a right shoulder injury or any other injury.

The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).

Any redactions ordered by the special master will appear in the document posted on the website.

Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: a. A lump sum payment of $25,000.00 in the form of a check payable to petitioner.

b. A lump sum payment of $8,538.60, which represents reimbursement of a Medicaid lien, in the form of a check payable jointly to petitioner and First Recovery Group, LLC File No. 746411-116716 P.O. Box 771932 Detroit, MI 48277-1932 Petitioner agrees to endorse this check to First Recovery Group, LLC.

These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 16-722V according to this decision and the attached stipulation.2

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.